On December 9, 2014, ALJ Thomas B. Pender issued Orders consolidating Inv. Nos. 337-TA-928 and 337-TA-937 relating to Certain Windshield Wipers and Components Thereof . Please note that Oblon Spivak represents Complainants in both of these matters.
By way of background, Valeo North America, Inc. and Delmex de Juarez S. de R.L. de C.V. of Mexico (collectively "Valeo") filed a complaint on July 25, 2014 against Federal-Mogul Corp., Federal-Mogul Vehicle Component Solutions, Inc., and Federal-Mogul S.A. The 337-TA-928 investigation was instituted by the Commission on August 27, 2014. See our August 1, 2014 and August 28, 2014 posts for more details on the complaint and Notice of Investigation, respectively. Additionally, Valeo filed a complaint on October 14, 2014 against Trico Products Corp., Trico Products, and Trico Componentes SA de CV. The 337-TA-937 investigation was instituted by the Commission on November 17, 2014. See our October 16, 2014 and November 19, 2014 posts for more details on the complaint and Notice of Investigation, respectively.
In my opinion, the significant overlap in the subject matter of the 928 and 937 investigations compels consolidation in this case. Although it has been three months since the institution of the 928 investigation, I find the judicial economy gained in consolidating the investigations outweighs any delay in the 928 investigation resulting from the time it takes respondent in the 937 investigation to come up to speed. Because each investigation many of the same claims, many of the same claim terms will need to be construed in both investigations. Consequently, consolidating the investigations will allow me to hold a single Markman hearing. Additionally, the asserted domestic industry in both investigations is the same, thus questions of technical prong and economic prong will also overlap and benefit from consolidation. Further, consolidating the cases ameliorates any prejudice to respondent Trico in the 937 investigation that would have undoubtedly resulted from having an earlier Markman hearing in the 928 investigation.